The Federal High Court sitting in Akure, the Ondo State capital, has dismissed the suit challenging the qualifications of the All Progressives Congress (APC) candidates in last month’s governorship election in the state.
According to the Presiding Judge, Justice Toyin Bolaji Adegoke, the candidate of the Peoples Democratic Party (PDP), Agboola Ajayi, who dragged Lucky Aiyedatiwa and his running mate, Olaiyide Adelami, before the court, lacked the locus standi to file the suit.
While noting that the case was statute-barred, Justice Adegoke held that it was filed outside the 14 days required by the Electoral Act and that it was initiated through originating summons instead of a Writ of Summons.
Ajayi had, through his lawyer, Ndoka (SAN), challenged the eligibility of Adelami to contest as the deputy governorship candidate on the platform of the APC.
In his originating summons, Ajayi stated that the first defendant, Adelami, is known by multiple conflicting and irreconcilable names, including Adelami Owolabi Jackson and Olaide Owolabi Adelami.
Citing the conflicting names, Ajayi asked the court to disqualify Adelami and the governorship candidate and sought an order restraining INEC from publishing their names or allowing them to participate in the election.
Ajayi also sought a “Declaration that the APC has no validly nominated Governorship and Deputy Governorship candidate for the 2024 election.”
However, counsel to Adelami, Dr. Remi Olatubora SAN, argued that the West African Examination Council (WAEC) result from 1974 bears the name Adelami Owolabi Jackson, while a degree certificate from Ambrose Alli University issued in 1982 bears the name Adelami Olaide Owolabi.
He contended that the grievance of the plaintiffs was not about discrepancies in the name but the order or arrangement of the names.
Olatubora further argued that the plaintiffs have no right to file the suit under Section 29(5) of the Electoral Act 2022, as they are not members of the APC and did not participate in the primaries that produced Adelami and Aiyedatiwa as candidates.
Olatubora stated, “The plaintiffs lack the locus standi to file the suit or seek the reliefs set out in the originating summons. The suit, as a matter of law, does not qualify as a pre-election matter, and this court lacks jurisdiction.”
In the judgment on Suit No. FHC/AK/CS/99/2024, Justice Adegoke ruled that the issue involving certificate forgery and perjury is criminal in nature and requires evidence from the authorities that issued the certificates in question.
The court held that Section 29 of the Electoral Act specifies who can challenge the candidates of political parties.
Justice Adegoke stated that the fact that the PDP and Ajayi are not aspirants in the APC primary that produced Aiyedatiwa and Adelami as candidates deprives them of any legal right to challenge their qualifications.
